PL 05/19/1971 - 30196/ \�
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PLANNING OD�IISSION MEETING MAY 19, 1971 8:00 P.M. PAGE 1
The meeting was called to order by Chairman Erickson at 8:00 P.M.
ROLL CALL:
Members present: Minish, Zeglen, Erickson, Schmedeke
Member absent: Fitzpatrick
Others present: Darrel Clark, Engineering Aasistant, Peter Herlofsky,
Planning Assiatant
ORDER OF AGENDA:
Chairman Erickson called attention to the addition of two items and
stated the Agenda would be taken in the order as written and amended.
APPROVE PLANNING COrIlrIISSION MINUTES : MAY 5 1971
MOTION by Schmedeke, seconded by Minish, that the Planning Commission
Minutes of May 5, 197I be approved. Upon a voice vote, a1Z voting aye, the
motion carried unani�nsZy. •
RECEIVE BUILDING STANDARDS-DESIGN CONTROL MLNUTES: MAY 6 1971
MOTIOAi by Minish, seconded by Schmedekeo that the Planning Caamission
receive the minutes of the Building Standards-Design Control Subcouanittee meet-
ing of May 6, 1971. Upon a voi ce vote, a11 voting aye, the motion carried
unanimously.
RECEIVE BOARD OF APPEALS MINUTES: MAY 11 1971
MOTIDN bg Minish, seconded by Schmedeke, that the PZanning Corr�ission
receive the minutes of the Board of Appeals meeting of May Z1, 1971. Upon a
voice vote, a11 voting aye, the motion carried unanimously.
l. PUBLIC HEARINGt REQIIEST FOR A SPECIAL USE PERMIT, SP �71 04, THOMAS ANNETT:
Lot 17, Blocic 2, Bennett Palmer Additioa. To conatruct a aecond garage --
3ection 45.051, 2A.
Mr. Thomas Annett said the neighbora did not seem to object to his building
a second garage. It would be a sozt of novelty building with a roof of cedar
ehakea. Ae needed a second garage for etorage, especially for his boat. fle
had a certificate of eurveq which indicated the poaition of the second garage
to be on the South.
Chairman Erickeon said he drove by Mr. Annett's reaidence. He wondered
about the access to the new garage meeting the sideyard requirements of the
Code. Mr. Annett said if he put the garage on the North side, it would be out
� of the question for him to uae it there. In his arrangement for the garage
on the South, the driveway would pass by the present garage, and the width of
the driveway, according to the aurvey, would be 7.4 feet. The standard width
of a driveway is 8 f eet .
�lanning Commission Meeting - May 19, 1971 Page 2
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Mr. Annett �aid tl�ere i� a fence bet`ae� h� lot and the neighbor's, and
,�`� the present driveway is blacktopped.
Mr. Schmedeke said he did not like narrow driveways and felt Mr. Annett
would h�ve trouble getting a vehicle to the garage with so little space for
�ine�erability o
Mr. Annett felt that because the neighbors signed the second sheet of the
application, it constituted their approval. Chairman Erickaon explained that
there would have to be a statement indicating the fact of approval at the top
of the list of names in order for it to be a bona fide statement of approval.
He continued that the Planning Commission is also concerned with the neighbors
as well as the sideyards. He asked that Mr. Annett brin� the certificate o£
survey to his neighbor on the South, Mr. Carrahar9 and ask him to sign the
certificate of srarvey and bring it Lro the Council meeting on June 7, 1971.
MOTION by Zegien, seconded by Schmedeke, that the Planning Commission
recogaaend approval to the Cosancil of the Special Use Permit, SP #71-04, by
Thomas Annett, to construct a second garage on Lot 17, Block 2, Bennett Palmer
Addi tion per Sectaon 45.051, 2A, subject to getting a notarized statement fr�
the nei ghbor �o the South indicating he recognizes the location of the drive-
way and has no objection. Upon a voice vote, a11 voting aye, the motion carried
casianaa�ousa y .
2. LOT SPLIT REQUEST9 LoS. �71-07, PDQ STORES OF MINNESaTA, INC BY CHARLES
�..\ G1EST: Lot 5, Block 1, Maple Manor Addition - to split in half for two
building sites.
Mx. West was pre�ent.
Mr. Schmedeke, Chairman of Plats & Subdivisions-Streets 6 Utilities Subco�
mittee reported that the Subcono�i.ttee approved the lot split at a meeting
earlier this evening. Lot 4 is owned by �he same party who vwns Lot 5. 1�enty-
five feet of Lot 4 extends North and abuts Lot 5 at the Westerly �dge. The
Subcommittee felt if Mr. West could get an easement over the 25 feet for drive-
way, it would make the lot to the West in the proposed split almoat meet the
area requirements of the City for a lot. PDQ Stores plan to put their building
on the East half of Lot 5. Taking into consideration the fact that there is no
poasibility of acquirin� more land to bring the lots up to City Code, the Sub-
committee approved the lot sglit reco�ending that the Westerly lot obtain an
easement for ingress and egress, that the PDQ building be placed on the Easterly
half of the lot, and the existing easements for utilities remain the same.
Darrel Clark showed on the map of the area where the 25 feet of Lot 4
abuts Lot 5 and e�lained that it was put there at the time of platting to con-
form to parking requirements. In the plat there are several inatances of thia
lcind of planning and for the same reason: If an easement on the West 25 feet
were granted, the driving facilities for the Western half of Lot 5 would be
outside the boundary lot line. These is a poeaibilitq that a building could be
added on to the propoaed PDQ atore if a buyer for a compatible businesa was
secured.
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Planning Commission Meeting - May 19, 1971 Pa�e 3
�,,` Mr. West explained the arran.gement for purchasing the property. An investor
is purchasing the property and will build the building. PDQ will pay rent to
him. Originally they had proposed one large building without splitting the lot,
but they found they would have ended up with a piece of property 128'x130'
which, in otfier areas, would be sufficient for a building. They found out they
could not use this, becau�e, according to Fridley City Code, they would be about
2,000 square feet short. They hoped to be able to show that one lot was suffi-
cient for thei�$nd the other lot would be no problem for the right development.
Darrel Clark sa:td there would be a violation in the rear yard. Mr. West
then explained that the deliveries would�come through the front door for secuxitq
reasone, and there will be a back door. There will be a green space in the
front and blacktop in the back.
Regarding the plans for the Westerly half of Lot 5, they do not know
whether it will be a free standing building or an attached one. The lot split
will be recorded at the time the Westerly lot is sold. They are really looking
for one large building for the two lots. One way or the other, they cannot
�o on economically aupporting the whole piece of property on their own.
Mro Schmedeke pointed ou� the easement �cross the Souith portion of the lot is
for utilitiea. The sewer is in the Southeast corner.
MOTION by Schmedeke, seconded by 2eglen, that the Planning Commission recom-
mend to Covncil approval of the Lot Split request, L.S. #71-07, by PDp Food
Stores of Minnesota, Inc. of Lot 5, BZoak 1, Maple Manor Addition subject to
�"'� the e�risting easements , with the rec�mendation that the Westerly lot has the
availabili ty of 25 feet of the adjoining Lot 4 to be used as a driveway, and
with the further recorr�endation that the PDp building be placed on the Easterly •
half of Lot 5. Upon a voice vote, a11 voting aye, the �tion carr3ed unartfmousZy.
3. CONFIRM PUBLIC HEARING DATE OF JUNE 9, 1971: Special Use Permit, SP �71-08,
Skelly Oil Co., for con,�truction of a service station on Lot 1, Block 1,
Pearson's lst Addition.
AUTION by Minish, seconded by Zeglen, t.hat the PZanning Co�nission confirm
the public hearing date of June 9, 1971 for the SpeciaZ Use Permit, SP #71-08,
Ske11y Oil Co. for the construction of a service station on Lot 1, B1ock 1,
Pearson's lst Addi tion. Upon a voice vote, a11 voting aye, the motion carried
unanimousZy.
4. ODNFIRM PUBLIC i�ARING DATE OF JUNE 9. 1971: Rezoniag request, ZOA �%71-04,
Bryant Investment Co. (Wm. Barbush) to rezone from M�2 to C-2 the area
bounded by 81st Avenue on the South, 83rd Avenue on the North, proposed
Main Street extended on the West and IIniversitq Avenue on the East.
MOTION by Minish, seconded by;:�ieglen, that the P.Zanning Commission confirm
the pvbZic hearing date of June 9, 1971 for the Rezoning Request� ZOA #7Z-04,
Brysnt Investnrent Co. to rezone from M-2 (heavy industrial) to C-2 (general busi-
n ness) the area bounded by 81st Avenue on the Sou�h, 83rd Avenue on the North,
proposed Main Street extended on the West and Dni versity Avenue on the East. Upon
a voice vote, a1Z voting sye, the motion carried unanimously.
Pla.nning Commisaion Meeting - May 19, 1971 p�� d�
5. CONFIRM PiJ�i,IC giEARING DATE OF JTJiJE 23 1971: Proposed Preliminary Plat,
/""� Briardale, by Richard Miller being a replat of Block 3 and Outlots 1 and 2
of Coc�ran's Addition.
MOTION by Schmedeke, seconded by Minish, that �he Plasirainq Corr�nassioaa con-
firm the public hearing date of June 23, 1971 for the proposed prelianinary plat,
P.S. #7.i-02, BriardaZe, by Richard Mi11er being a replat of Block 3 and Outlots
1 and 2, Cochran's Addition. Upon a voice vote, a11 voting aye, the motion
carried unan.fmously.
6. CONTINUED: POLICY REGARDING FUTURE DEVELOPMENT OF GAS STATIONS:
The Cammission requeated the number of gas stations that had gone out of
business in Fridley. Mr. Herlofsky gave the following information: Out of
business: Texaco (61et and University); Standard (Fairmont and East River
Road); Favre (8255 East River Road). Chaage o£ awnership: Standard (53rd Ave-
nue and U�iversity). Applying £or Special Use Permft: North Star (4040 East
River Road).
The Metro "500" is requesting a license for the former Favre Station and
will be given one when the deficieacies liated by the Building Inspection Depart-
meat are taken care of.
Peter Herlofsky referred to the Special IIse Permit as a means for controlling
certain specified useso We cannot arbitrarily eliminate gas etations. He felt
^ the Zoning Ordinance must belp define the policy of the City more clearly. A
Special Use Permit is flexible. It does not mean the City has to approve every
application for a Special Use Permit, because if it did, it would defeat the
whole purpose of a Special Uae system.
Ghairman Erickson referred to Section 45.101, Uses Permitted, C-2 and C-2S:
and aslced if all the conditions listed were met, could a Special Use Permit be
denied?
Mr. Minish said his concern wae fia� many gas statione are enough, traffic
volwne on major highways, aud ha�r manp citiaens need more gas stations and
facilities. .
Mr. Herlofsky felt that if the atatione meet the requirements in the Zoning
Ordinance in C-2 and C-2S, or if tfiey feel they can meet the requiremeata, it is
only fair to give them a chance.
'I'he Chairmaa.-�id he wondered if tI�e Coa�iasion was trqing to put a stop
to the number of service stations? The way this proposed change is written,
we will actuallq require the Council to see theee cpnditions are met. Should
we not be trying to tahe aome of the burden from the Council?
Mr. 1Ki.nish commented that billboarde have been stopped. Maybe the same
criteria could be used for gas atationa.
Mr. Herlofsky eaid he felt the Sign Ordinaace makes the applicant aware
/""`� of what the City wante. We still have the billboards, but we have private
enterprise cooperating by more clearly defining our atandarda (example:
"Welcome to Fridley" aigna).
Planning Commission Meeting - May 19, 1971 Page 5
Mr. Minish said the Commission should try to decide what they want by way
�.� of policy, if it is justifiable and in the best interest of Fridley. What is
the extent of their authority in denying a Special Use Permit. Under what condi�
tions and under what criteria a Special Use JPe2°�it can be denied, and to foa�as-
late a policy that would stand a chance in court.
Darrel Clark pointed out the purpoee of the Zoning Ordinance. The follow-
ing is an excerpt of the first paragraph in Ordinance No. 441, Section 1, 45.01:�
"---- the purpose of which is to promote the health, safetq, morals, comfort,
conveniemce, prosperity and general welfare, and have been made in consideration
of the character of each diatrict and with a view towards conserving the value
of buildings and land and encouraging the most appropriate use of land thxough-
out the City".
Chairman Erickaon asked Peter Herlofsky if he could rework Section 45.19
of the City Code to inc�rporate the items touched upon in the evening's discus-
sion.
Mr. Minish added that referring to denial, no where does it spell out what
conditions. What ie the general nature of the iaquiry?� What are the types of
conditiona by esample or a broad statement? Did we have any basis for granting
or denying? Or could we recommend granting unless we find such and such condi-
tions exist? Againet or the way the business is conducted.
� Chairman Erickaon said he was pretty well satiefied with the revision
relative to service stations and would like the Section 45.19 to be brought
back to the Planning Co�mmission at the next meeting.
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The Commiesion continued the Policy Regarding Future Development of Gas
Stations until the next meeting and requested it be the first item on the Agenda.
ADJOURNMENT :
There being no further buainesa, Chairman Erickson adjourned the meeting
at 10:30 P.M.
Respectfully submitted
flazel 0'Brian
Recording Secretary
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